Evidence Code section 1261

(a)

Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear.

(b)

Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

Source: Section 1261, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1261.­ (updated Jan. 1, 1965; accessed Aug. 4, 2025).

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Verified:
Aug. 4, 2025

§ 1261's source at ca​.gov